1 SECOND AMENDMENT TO AGREEMENT 2023-015
BETWEEN THE CITY OF CUPERTINO AND M-GROUP
FOR PLANNING STAFFING SUPPORT
This Second Amendment to Agreement 2023-015 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and M-
address is 51 E Campbell Ave #1247, Campbell, CA 95009, and is made with reference to the following:
RECITALS:
A. On March 2, 2023, Agreement 2023-015
between City and Contractor for Provide 2 Assistant Planner staffing to assist the Planning Division.
B. On October 05, 2023, City and Contractor entered into a First Amendment to the Agreement.
C. The Agreement and Firs
unless otherwise indicated.
D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Paragraph 4 of the Agreement is modified to read as follows:
COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed included in Exhibit C-2, Compensation attached and incorporated here. The maximum compensation includes all expenses
exceed the capped amount. No extra work or payment is permitted without prior written approval of the City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieve City of any further payment or other obligations under the Agreement.
Exhibit C-1 of the Agreement is replaced with a new Exhibit C-2 attached hereto.
Attachment D
2 2. Paragraph 5 of the Agreement is modified to read as follows: 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the rabove. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 3 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.CITY OF CUPERTINOByTitleDateAPPROVED AS TO FORM City Attorney ATTEST: City Clerk Date M-GROUPByTitleDate
EXPENDITURE DISTRIBUTIONItem PO Number AmountBase 2023-459$109,2001stAmendment 2023-459$50,0002ndAmendment$40,000Total$199,200
Amendment #2 (Mar. 2024):$40,000